STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

STATE OF FLORIDA, DEPARTMENT ) OF PROFESSIONAL REGULATION, ) CONSTRUCTION INDUSTRY LICENSING ) BOARD, )

)

Petitioner, )

)

vs. ) CASE NO. 81-441

)

HODGES J. JEFFERSON, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, James E. Bradwell, held a public hearing in this case on October 2, 1981, in Miami, Florida.

APPEARANCES

For Petitioner: Harold M. Braxton, Esquire

45 Southwest 36th Court Miami, Florida 33135

For Respondent: No appearance on behalf of

the Respondent. 1/

ISSUE

Whether or not the Respondent failed to complete two construction projects which he entered into, which conduct constitutes an "abandonment" in violation of Chapters 468.112(2)(h), Florida Statutes (Supp. 1978) and 489.129(1)(k), Florida Statutes (1979).

FINDINGS OF FACT

Based upon my observation of the witnesses and their demeanor while testifying arguments of counsel, and the entire record compiled herein, the following relevant facts are found.

1. By its two-count Administrative Complaint filed herein on March 3, 1981, Petitioner, State of Florida, Department of Professional Regulation, Construction Industry Licensing Board, seeks to revoke, suspend or take other disciplinary action against Respondent, Hodges J. Jefferson, based upon two of his contract projects in the State of Florida.

   
   

2. Respondent is a certified general contractor who is the holder of License No. CJC0004463. Respondent's last known address is H.J. Jefferson Brothers Construction, Inc., 2250 N.W. 194th Terrace, Miami, Florida 33056.

3. On February 18, 1979, Respondent entered into a contract with Clifton Vaughn to construct an addition to Vaughn's residence located at 3791 N.W. 205th Street, Miami, Florida, 33174, for the total contract price of $11,000.00. As finally agreed upon, the parties entered into a contract for a total price of

   $16,000.00. 2/ The total area of the addition was approximately 1,200 square feet (Petitioner's Exhibit 5).

   
   

4. Respondent obtained a building permit for this project on May 2, 1979, and thereafter commenced work some time during the month of May. The work involved in the addition included work to the rear and west side of Vaughn's residence, including the addition of a bathroom, family room, utility room and dining room with the necessary plumbing and electrical modifications in accordance with the plans and specification. (Petitioner's Exhibit 6) Respondent's last day of work on the project at the Vaughn's residence was November 3, 1979. At that juncture, Respondent had installed some plumbing and completed the duct work for the plumbing; had poured the concrete slab for the addition; erected walls and tie beams to join the existing roof with the addition. The Vaughn's existing roof was left exposed for more than 30 days, during which period Hurricane David caused considerable damage to the plaster and insulation in the roof area of the Vaughn's residence. Respondent visited the Vaughn's residence some time after November 3, 1979, requesting an addendum to the contract and sought an additional $652.00. (Petitioner's Exhibit 7).

   
   

5. To provide construction funds for this project, Respondent and Mr. Vaughn set up a joint bank account. Vaughn deposited money into the joint account and Respondent was advanced $3,300.00. During the period of March through November 3, 1979, Respondent was paid $9,961.88, or approximately 90 percent of the contract amount. Respondent ceased work at the Vaughn's residence on or about November 3, 1979, and as of the date of the hearing, had not returned to complete the project. (Petitioner's Exhibits 9 and 10).

   
   

6. As stated, the parties entered into the two contracts, i.e., in the amount of $11,000.00 and $16,000.00 based on a $5,000.00 allowance for the Vaughn's modifications to fund the work needed to complete the air conditioning modifications in the new addition.

   
   

7. On April 12, 1979, Respondent entered into an agreement with Freddie James Jackson to construct an addition to his home at 3752 N.W. 205th Street, Miami, Florida, in the amount of $10,000.00. The job called for a completion time of 60 days from the commencement of construction. Respondent was advanced one-third of the contract amount of $3,300.00 before he commenced work. (Petitioner's Exhibit 2) Respondent commended work on the project on June 1, 1979, and on November 14, 1979, Respondent ceased all work on this project. At that time Respondent had been paid a total sum of $8,751.03 or approximately 88 percent of the contract price. (Respondent's Composite Exhibit 3) When Respondent ceased to perform work on this project, he had poured the foundation, erected the cinder block walls, completed the rough plumbing and electrical work and started erecting the rafters. The plumbing and the electrical work had to be removed and reinstalled by the Jacksons. The owners also had to obtain a new building permit due to the extended hiatus in construction. When the second building permit was obtained, the inspectors estimated that the project was approximately 45 percent complete. (Testimony of Jackson). Mr. Jackson estimated that Respondent's last day on this project was some time during September, 1979. Mr. Jackson made repeated attempts to contact Respondent after May of 1979, at which time Respondent continued to offer excuses for his failure to appear.

8. At the time of this hearing, Mr. Jackson had paid an additional amount of $3,527.22 toward the completion of the room addition to his home and work remains to finish the addition as planned. (Petitioner's Composite Exhibit 4)

   
   

9. Respondent did not appear at the hearing herein nor was any evidence presented to the undersigned on his (Respondent's behalf).

   
   

   CONCLUSIONS OF LAW

   
   

10. The Division of Administrative Hearings has jurisdiction over the subject matter and the parties to this action. Chapter 120.57(1), Florida Statutes.

    
    

11. The parties were duly noticed pursuant to the notice provisions of Chapter 120, Florida Statutes.

    
    

12. The authority of the Petitioner is derived from Chapters 468 and 489, Florida Statutes. Respondent, a licensed general contractor, is subject to the guides of Chapter 489, Florida Statutes (1979).

    
    

13. Competent and substantial evidence was offered herein to establish that the Respondent, based on his failure to complete the addition to the residence of Mr. Freddie James Jackson and his leaving the project in excess of ninety (90) days, as found herein, amounts to an abandonment of a construction project without notice or just cause in violation of Chapter 468.112(2)(h), Florida Statutes (Supp. 1978); and also a violation of Chapter 489.129(l)(k), Florida Statutes, (1979).

RECOMMENDATION

Based on the foregoing Findings of Fact and Conclusions of Law, it is hereby RECOMMENDED that the Respondent's Certified General Contractor's License No. CGC004463, be REVOKED.

RECOMMENDED this 8th day of February, 1982, in Tallahassee, Florida.

JAMES E. BRADWELL, Hearing Officer Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-1550

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 8th day of February, 1982.

ENDNOTES

1/ Respondent or his representative did not appear, nor was the undersigned Hearing Officer apprised of the reasons, if any there be, for Respondent's non- appearance at the hearing. In addition to copies of the Notice of Hearing being sent to Respondent, he was also subpoenaed as a witness herein.

2/ The contract which reflected a $16,000.00 amount included a $5,000 reserve for air conditioning and heating modifications which would be required due to the room addition. Respondent is not obligated to perform the cooling/heating modifications. Likewise, Respondent is not entitled to receive the $5,000.00 reserve for such modifications.

COPIES FURNISHED:

Harold M. Braxton, Esquire

45 Southwest 36th Court Miami, Florida 33135

Hodges J. Jefferson

H. J. Jefferson Brothers Construction, Inc.

2250 N.W. 194th Terrace Miami, Florida 33056

James Linnan Executive Director Construction Industry

Licensing Board Post Office Box 2

Jacksonville, Florida 32202

Docket for Case No: 81-000441

Orders for Case No: 81-000441